logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.10.24 2017가단27423
구상금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable to pay KRW 17,022,084 as well as the amount from November 1, 2017 to August 21, 2018.

Reasons

1. Basic facts

A. Defendant A farming association (hereinafter “Defendant A”) entered into each guarantee insurance contract with the Plaintiff (hereinafter “each of the instant guarantee insurance contracts”) with each of the following terms in order to provide the Plaintiff’s guaranty insurance policy to the Nonparty Foundation as a result of the establishment subsidy, subsidy, and return of lease deposit pursuant to each of the agreements entered into with the North Korean Refugees Support Foundation (hereinafter “Nonindicted Foundation”). Defendant B, C, D, and E as follows:

The contractor's insured amount covered by the contract A, the insurance period of which is the joint and several surety, shall be KRW 100,000,000,000 for the North Korean Refugees Support Foundation 100,000 from October 31, 201 to October 30, 2012, Category C, D, and E Contract A, the North Korean Refugees Support Foundation 100,000,000 from July 18, 201 to July 17, 2013; Category C Contract A, the North Korean Refugees Support Foundation 50,000,000,000 for the North Korean Refugees Support Foundation 50,000,000 to December 31, 2014;

B. The guaranteed insurance contract of this case provides that where the Plaintiff paid the insurance money due to the Defendant corporation’s failure to perform its obligation or obligation, the Defendant corporation shall immediately redeem the insurance money paid by the Plaintiff, but if delayed, the amount shall be paid by adding damages for delay calculated at the interest rate publicly notified by the Plaintiff from the day following the date

On the other hand, the overdue interest rate determined by the Plaintiff is 6% per annum from the day following the payment date of insurance money to the 30th day, 9% per annum from the 90th day, and 12% per annum thereafter.

C. However, the Defendant Corporation did not perform its obligations under each state contract, thereby claiming insurance proceeds to the Plaintiff. In response, the Plaintiff paid insurance proceeds equivalent to KRW 50,000,000, totaling KRW 111,047,282 to the Nonparty Foundation on October 31, 2017 as to the contract No. 17,02,084, KRW 44,025,198, and KRW 50,000, and KRW 111,047,282 to the Nonparty Foundation on October 31, 2017.

[Ground of recognition] Unsatisfy, A(1) through (3)

arrow